Amend 2_RFP PADMD Training_16PBGC24Q0032.pdf

REQUEST FOR PROPOSAL (RFP)

16PBGC24Q0032

Plan Asset & Data Management Training

Support Services in support of:

Pension Benefit Guaranty Corporation – Plan Asset & Data Management Department

Issued to:

All open market contractors

Conducted under Federal Acquisition Regulation (FAR)Part 13. The

Government’s competitive process uses many Terms of Art that are customary to FAR Parts 14, and 15, but this is coincidental, and one should not construe that any of these FAR parts are incorporated.

Issued by:

Pension Benefit Guaranty Corporation

445 12th Street, SW

Washington, D.C. 20024

November 19, 2024

PBGC Project Number 1556

INTRODUCTION

The Pension Benefit Guaranty Corporation (PBGC) seeks to establish a multiple-award blanket purchase agreement (BPA) for its Plan Asset and Data Management Department

(PADMD)’s training support services requirement. The Government anticipates entering an agreement with one 12-month base ordering period and four 12-month optional ordering periods exercised at the discretion of PADMD.

BACKGROUND

PBGC protects the retirement incomes of over 31 million American workers in private sector defined benefit pension plans. A defined benefit plan provides a specified monthly benefit at retirement, often based on a combination of salary and years of service. PBGC was created by the Employee Retirement Income Security Act of 1974 to encourage the continuation and maintenance of private sector defined benefit pension plans, provide timely and uninterrupted payment of pension benefits, and keep pension insurance premiums at a minimum.

The Office of Benefits Administration (OBA) manages the termination process for defined benefit plans, provides participant services (including calculation and payment of benefits) for PBGC-trusteed plans, provides actuarial support for PBGC, and carries out PBGC's responsibilities under settlement agreements.

When it is necessary to terminate a defined benefit pension plan, OBA values plan assets and liabilities, and collects, evaluates, and performs participant and plan financial audits, making decisions on participant benefit entitlements and plan worth.

The mission of PADMD is to administer the OBA plan asset evaluations and participant data reviews by using auditor judgment and other analytical procedures and oversee the preservation of evidence supporting individual participant calculations and financial reporting.

PLACE OF PERFORMANCE

The Government anticipates most of the training will be provided to PADMD’s staff virtually, via Microsoft Teams, with the possibility of offering some on-site training at the PBGC headquarters, as needed.

1. SERVICES AND PRICES

(a) Call orders to be issued under the BPA will be issued on a

Firm Fixed Price (FFP) basis. The labor categories and unit prices shall be fixed for the specified period unless a change

(increase or decrease) is affected via formal modification by mutual agreement between the Contractor and the

Contracting Officer.

(b) The following definitions apply to the pricing table:

(1) Contract Line Item Number (CLIN): Unique number associated with each separately priced item in the BPA.

(2) Labor Category and NAICS Code Each labor category inserted into BPA will provide the level of service specified in the BPA and/or Task Order (TO).

During the life of this BPA, the Government

(1) reserves the right to add/remove any labor category(ies) either in place at time of BPA award, or during the performance of this BPA.

(3) Discount (%) Applied: Minimum discount applicable for each respective labor categories during the life of the BPA against any TO.

(4) BPA Unit Price: All unit prices must be fully loaded rates that include all costs (including indirect costs) and profit necessary to provide the level of service specified in the BPA. The BPA unit prices apply to work performed on-site and off- site.

(5) Travel: No travel is expected to occur under this BPA.

(c) All orders placed against this BPA are subject to the terms and conditions of the BPA.

2. Purpose, Objective, and Scope

2.1 Purpose

PADMD is seeking contractor support with the development and implementation of a comprehensive training program that will equip the PADMD staff members with the necessary skills and knowledge to perform their duties effectively.

2.2 Scope of Services

The scope of this requirement is to provide for the development and implementation of a comprehensive training program that allows for in-person instructor led and self-directed training. This training includes, but is not limited to, the training topics outlined below and provides self-directed trainings to be made available on-demand. The resultant training program shall be designed for application by PADMD employees and will provide them with the requisite tools to effectively evaluate plan assets and conduct participant data reviews as of the date of plan termination (DOPT).

2.3 Objective

The objective of this requirement is to create a training program that will increase the professional development of the PADMD staff to ensure they possess the necessary skills to fulfill the mission of PADMD.

3. DESCRIPTION OF WORK

The contractor shall provide qualified, experienced personnel to perform the work assigned by PADMD, as well as all necessary support to scale capacity with qualified personnel and administration to satisfy the requirements identified by the PADMD.

This includes the tasks and will encompass other similar tasks as required by PADMD.

3.1 Task 1 – Curriculum Development

3.1.1 The Contractor shall develop a detailed curriculum covering data collection, plan asset evaluation, participant data reviews and audit related topics so that PADMD can effectively manage its audit processes and ensure compliance with regulatory requirements.

• The PBGC requires training materials and a curriculum for PADMD staff on an annual basis, in the following order:

o Planning and Data Collection (the Government anticipates a three-day course) o Plan Asset Evaluation (the Government anticipates a three-day course) o Participant Data Review (the Government anticipates a three-day course)

Audit Related Topics

• The Government anticipates that training material will be presented in a PowerPoint presentation for the topics described in Sections 3.1.

• The Government may add or remove topics as necessary to ensure staff are receiving trainings on the most pertinent topics.

3.1.1.1 Planning and Data Collection

The contractor shall design a course to provide PADMD staff with the knowledge and skills to collect, store and determine the correct plan and participant data sources to complete the missions of PADMD (See Attachment A – Course Descriptions).

3.1.1.2 Plan Asset Evaluation

This contractor shall design a course to provide PADMD staff with the knowledge and skills to independently determine the value of plan assets and liabilities as of the DOPT to fulfill the mission of PADMD (See Attachment A – Course Descriptions).

3.1.1.3 Participant Data Review

The contractor shall design a course to provide PADMD staff with the knowledge and skills necessary to complete the participant data review and report the conclusions as of the DOPT to fulfill the mission of PADMD (See Attachment A – Course Descriptions).

3.1.1.4 Audit Related Topics

The contractor shall design course(s) implementing audit-related tools/topics such as data analytics, audit risk & risk management and artificial intelligence to provide PADMD staff with the knowledge and skills to complete tasks 3.1.1.1, 3.1.1.2 and 3.1.1.3 more effectively.

3.2 Task 2 - Curriculum Materials Development

The Contractor shall develop detailed training materials for all curriculums noted in section 3.1 including but not limited to a project plan, objectives, manuals, case studies/examples, glossary of terms, definitions and acronyms, and report templates.

3.3 Task 3- Conduct Training

The Contractor shall conduct training for PADMD staff ensuring comprehensive understanding and proficiency in each topic per section 3.1.

• Training sessions will be conducted virtually, or “in-person” as agreed upon between the

Government and the contractor via a PowerPoint presentation.

• Virtual training sessions can be held utilizing platforms such as Microsoft Teams and/or

Zoom

3.3.3.1 The contractor shall conduct knowledge checks on the relevant materials presented throughout the training session, as well as at the beginning of the training course and at the end of the training course to gauge understanding/comprehension.

• The results of the checks will be utilized to ensure staff are receiving the most up to date material to ensure the effectiveness of the training program.

3.4 Task 4 – Self-Directed, On-Demand Training

The contractor shall create self-directed training sessions to be made available on-line after live training sessions have been presented to PADMD staff for all topics per section 3.1.

3.5 Information Assurance

The contractor may have access to sensitive (including privileged and confidential) data, information, and materials of the U.S. Government. These printed and electronic documents are for internal use only and remain the sole property of the U.S. Government.

Some of these materials are protected by the Privacy Act of 1974 (AMENDED) and Title

38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

3.6 Kick-Off Meeting

The Contracting Officer (CO) and Contracting Officer’s Representative (COR) shall hold a remote kick off meeting / post award conference within five business days of award to review and clarify the contract’s objectives, expectations from the government, and address any questions from the

Contractor.

3.7 Management Plan

• The Contractor shall provide its Management Plan in its proposal, be prepared to implement its Management Plan immediately after the establishment of the BPA and update it with any relevant changes. The Management Plan shall include the following:

▪ Laying out the organization and infrastructure the contractor has (or proposes to put) in place to manage the day-to-day operations necessary to meet the BPA requirements, including the contractor’s chain of command, points-of-contact, problem notification procedures and problem response times, problem escalation procedures, and any other processes or procedures the contractor has in place to facilitate performance.

▪ Staff Transition and Training Plans - Provide written Transition and Training Plans for Key Personnel when existing staff are no longer assigned to this BPA or require both short- and long-term coverage (e.g. military service, or medical leave of absences).

Staff Transition and Training Plans are required at a minimum but are not limited to management and senior level technical positions. Staff Transition and Training Plans shall be submitted

30 days prior to removal of each staff assigned to this BPA.

▪ Quality Control Plan - Describe how the Contractor ensures contract compliance and oversee the quality of work produced by its employees in accordance with section 3.1. Discuss how each contractor employee embodies the service-minded attitude and culture of team work to support PADMD team members to move the PBGC mission forward. This plan must also include how the Contractor safeguards all records produced through the life of this BPA and always assure successful records transfer to the Government. Records must be saved on government computers only in a way accessible by COR.

3.8 Security

Each employee of the Contractor working under this BPA is subject to the security clearance requirements as set forth in the security clause of this solicitation. Prior to assigning an employee to the BPA, the

Contractor must submit completed security forms for that employee.

The Contractor is responsible for screening all prospective employees for suitability for work on this BPA as delineated in the Contractor's proposal.

PBGC reserves the right to review all prospective employee resumes, as well as meet with prospective employees to determine the employee’s skill level and experience for contract compliance.

The Contractor shall maintain a database of all contractor and subcontractor personnel who have been subject to the security requirements of this BPA. At a minimum, the database shall include the full name, position, and location, date forms submitted to COR, date clearance granted/denied, and clearance type. All information in the database shall be made available to the COR upon request.

3.9 Quality Control

o The Contractor shall be solely responsible for the quality of services provided. The Contractor shall also be liable for Contractor employee negligence, and any fraud, waste or abuse. The Contractor shall implement and utilize its Quality Control (QC) and Quality Assurance

(QA) Plan to ensure that services are completed in accordance with acceptable principles of internal control and meet acceptable levels of quality. The Contractor shall maintain this plan and revise it as necessary throughout the life of the BPA.

o In the event the Contractor encounters difficulty in either meeting performance requirements, anticipates difficulty in complying with task order delivery schedule(s) or date, or has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this task order, the Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details.

o The following performance metrics and methods are applicable:

Performance Requirements Performance Standards Methods of

Measuring Performance

Response to any new Task Order with technical staffing and pricing information/proposal.

Within 10 calendary days of receipt of request.

PM verifies that response had been received and elicits customer feedback on timeliness.

Securing qualified candidates and prescreening them for government acceptance.

Within 10 calendary days of receipt of request.

COR Tracking

Security clearance paperwork, PM maintains a log and submission dates.

Security clearance paperwork submitted accurately and within five calendar days.

COR Tracking

Filing staffing vacancies, candidates identified, screened, and conditional employment offered.

Within 14 calendar days of the Government identifying the need.

COR Tracking

3.10 Ordering Period

The ordering period shall be a 12- month Base Period from the date of award and can include up to four, one- year ordering periods, exercised solely at the discretion of PBGC.

3.11 Place of Performance

Work will be completed at a location, mutually agreed upon between PBGC and the

Contractor.

• The Contractor should be prepared to discuss work location during the Kick-off meeting.

• Contractor’s staff will be required to comply with PBGC’s facility access requirements at the time to access the facility

3.12 Staffing

The Contractor shall propose a plan for all BPA orders that require a staffing plan, qualifications of staff in the staffing plan, and rationale explaining the labor skill mix they are proposing.

The Contractor shall be responsible for providing staff for performing the work ordered under any subsequent orders who are fully qualified, trained, experienced, competent to perform the assigned work, and physically able to perform the work required. The

Contractor shall continuously monitor, manage, and control its staffing plan. The

Contractor shall make its best efforts to retain staff members who have gained experience on this BPA to minimize staff turnover. The Contractor shall ensure that all personnel who perform under any task order meet the security requirements.

The Government reserves the right to review the qualifications of all staff selected to work on the BPA and any subsequent order awarded against this BPA to ensure contract compliance. The Contractor shall submit resumes for any individuals being added to the

BPA staff or replacing a key member of the BPA staff. These individuals must be fully qualified for the relevant position. Resumes shall be pre-screened by the Contractor prior to submitting them for Government approval. Each resume shall include sufficient detail to demonstrate the qualifications are adequate for the category in which the candidate is offered to perform.

The Contractor shall attend any briefings, other meetings, and training regarding PBGC unique processes provided by the Government. Briefings are normally held during normal working hours. Any of the Contractor personnel may be asked to keep meeting minutes and provide written transcript after the meeting.

Through coordination and oversight by the Contracting Officer, the Government reserves the right to require the Contractor to reassign from BPA and/or any subsequent order any

Contractor employee whom the Program Office determines is incompetent, careless, unsuitable or otherwise objectionable, or whose continued employment under the order is deemed contrary to the best interests of the Program Office. The Contractor shall remove said employee from performance of the BPA and/or order within ten working days of receiving the Government’s request from the CO that the employee’s performance is unsatisfactory. The Government request for such a reassignment will also be provided to the COR

In cases of Contractor-initiated reassignment of any personnel, written notice shall be provided to the COR at least 30 days prior to reassignment; such reassignment must also allow sufficient time for any Contractor-provided training of replacement personnel.

This notice will include the resume(s) and security clearance status (if any) of the proposed replacement personnel and are subject to the prior written approval of the

COR.

4.0 Labor Categories

Located in Special Requirements Section

5 Deliverables

5.1 Guidelines for Deliverables

5.1.1.1 Any issues with deliverables shall be brought to the immediate attention of the COR, to include but not limited to deliverable delays. All contractor deliverables are property of the

Government.

5.1.1.2 Deliverables shall be accurate in presentation and technical content and are developed in accordance with applicable laws, regulations, policies, and procedures.

5.1.1.3 Deliverables shall be comprehensive and entirely developed.

5.1.1.4 Deliverables shall be clear, concise and without error.

5.1.1.5 All activities and associated deliverables shall be completed on or before specified due dates or in accordance with a due date to be determined by the Government in consultation with the Contract.

5.1.1.6 Hard and soft copy formats of deliverables shall follow specified guidance, directives, and/or policies. Unless otherwise defined in advance, the Contractor’s format for documentation type deliverables is acceptable.

5.1.1.7 Documentation deliverables shall be considered final and/or final draft deliverables (e.g. deliverables are not to be performed ad-hoc and/or as completed unless specifically requested by the

Government; draft final for documents requiring government approval before final).

5.1.1.8 Documentation deliverables shall undergo Quality Control checks before delivery to the Government.

5.1.1.9 Contractor personnel shall identify themselves as contractor employees (naming the contractor) providing support services under contract with the USPTO in any correspondence or communications with other government employees or outside entities to ensure there is no misunderstanding regarding contractor employees’ status as a non-government employee.

5.1.1.10 Potential deliverables (unless otherwise noted) associated with this

BPA/task orders and frequencies are listed below. This list is not all inclusive of the deliverables that may be required on this project but is provided to draw attention to certain deliverables that shall be required.

5.1.2 Kick-Off Meeting

The Contracting Officer (CO) and Contracting Officer’s

Representative (COR) shall hold a remote kick off meeting / post award conference within five business days of award to review and clarify the contract’s objectives, expectations from the government, and address any questions from the Contractor.

5.1.3 Progress Reports and Status Meetings

The Contractor shall submit the following to the COR:

• Weekly status reports (WSRs) by close of business 4:00 ET of the last working day of each calendar week to the CO, COR and Program Manager.

The WSRs should contain applicable documentation to demonstrate the work completed in the prior week. Examples of applicable metrics are:

o the overall status of services and capabilities o schedules for new activities, as applicable o existing and potential problem areas, proposed resolutions, and associated timelines o proposed recommendations for improvements / enhancements to processes and procedures as deemed appropriate o investigation tracking updates (cases, issues, activities, findings, outcomes) o specify work assigned and completed o hours (rounded to the quarter hour) worked by Contractor o proof of completed work to be completed by Task order

• Monthly Report, that includes at a minimum:

o A detailed aggregate of information contained in all weekly status reports for a given month.

• Final Report o An aggregate report of all work tasks completed and applicable performance metrics.

o Lessons learned

• Status Meetings o The project manager shall hold weekly status meetings in person (or by MS

Teams) with the COR and designated government representatives at a time that is mutually convenient for both the Contractor and the government. The project manager, or designated Contractor staff, shall provide an agenda and any related documentation for the meeting 24 hours prior the scheduled meeting time.

The day and time of the meeting will be established upon award of the contract at a time that is mutually convenient for the Contractor and the

Government. The Government may request to change the frequency of the meetings during the performance periods. The status report shall document issues encountered with the deliverables and work-to-date and the status of any problems identified. The status report shall include any and all risks and issues that could jeopardize the progress of contracted work or timely completion of deliverables.

The Weekly Status Meeting, Agenda, and Minutes shall be in prepared. The

Weekly Status Agenda shall include the items of discussion for the upcoming Weekly Status Meeting. The Weekly Status Minutes shall include the outcomes and action items – with due dates – following the Weekly

Status Meeting.

Transition

Transition services shall not be separately billable.

5.1.1.1 Phase-In

The Contractor shall be responsible for the phase-in of Contractor personnel.

Phase-in activities include the following and related efforts: placement of any necessary subcontracts, mobilization of staff and other resources, obtaining of necessary clearances, execution of the Confidentiality Agreement, submission of a Quality Control Plan, and any other activities required to put the Contractor in a position to accept and perform task orders.

5.1.1.2 Government-Offered Assistance

It is the Contractor’s responsibility to ensure that all project staff and backup staff are fully capable of taking over all required services on the performance start date of the BPA. However, the Government is willing to assist the

Contractor in preparing for the transition of responsibility and will make the following available to the Contractor:

(1) Limited access to PBGC facilities and meetings with the COR and staff.

(2) Office space suitably furnished for training purposes.

(3) On boarding training for PBGC unique systems offered virtually and in person

(4) Equipment necessary to conduct the work – excludes office furniture

5.1.1.3 Phase-out

At the conclusion of the BPA term, the functions may be converted to an in-house

Government operation or may be awarded through another contractual instrument. In either case, the Contractor may be required to assist in the phase-out of this BPA. The Contractor is responsible to turn over all records produced during the life of this BPA to the Government.

6 Government Furnished Equipment

PBGC will furnish all contractor personnel with a universal laptop (UL) and the software required to accomplish the tasks assigned. These applications may be

Commercial-of-the-shelf (COTS) products, such as Microsoft Office but some will be custom-built applications.

The contractor shall maintain an inventory and account for all issued government-furnished equipment (GFE). The contractor will ensure that all GFE is returned to

PBGC whenever personnel leave the contract, or the contract ends.

PBGC expects all teleworking personnel to have reliable internet access with a minimum data speed specified by PBGC. The use of public internet hotspots is prohibited (e.g., coffee houses, restaurants, public libraries).

The GFE is for government work only. GFE for personal use is prohibited.

7 Performance Objectives:

PBGC, at its discretion, may propose and implement a plan to monitor and report the throughput, timeliness and the quality of work performed. The plan may rely on performance metrics, such as, throughput per hour, days between work assignment and completion, etc.

Performance metrics may be developed on a task-by-task basis.

The Office and Contractor will review performance metrics after a reasonable amount of time to ensure the metrics are realistic, measurable, and timely. PBGC wants work to be completed in a quality and timely manner in collaboration with the Contactor.

8. Special Contract Requirements

8.1 Key Personnel

The following are the minimum personnel who shall be designated as “Key.” The Government does not intend to dictate the composition of the ideal team to perform on any orders awarded under this BPA. The Offeror shall propose any additional key personnel it deems may be necessary for the successful performance of this requirement.

a. Project Manager (PM)

b. Senior Audit Manager

c. Senior Valuation Specialist

The Government desires that Key Personnel be assigned for the duration of any orders awarded under this BPA.

8.1.2 Key Personnel Substitution

The contractor shall not replace any personnel designated as Key Personnel without the written concurrence of the PBGC Contracting Officer (CO). Prior to utilizing other than the Key

Personnel specified in its proposal in response to the RFP, the contractor shall notify the CO and

Contractor Officer Representative (COR). This notification shall be submitted in writing no later than ten calendar days in advance of any proposed substitution and shall include sufficient justification and details (including resume(s) and labor category of proposed substitution(s)) to adequately allow the CO to complete an evaluation of the impact on contract performance should this key personnel change be approved.

Substitute Key Personnel qualifications shall meet or exceed the minimum education and experience qualifications specified in this contract. The CO and COR must first determine that a proposed substitute Key Personnel is acceptable, and that the change in Key Personnel will not result in any reduction of effort in the contract performance. Failure by the contractor to obtain

CO and COR permission prior to substitution of Key Personnel may subject the contractor to default action as prescribed by FAR 49.4, Termination for Default.

8.2 Project Manager (PM)

The contractor shall identify a Project Manager (PM) by name who shall provide management, direction, administration, quality assurance (as defined in Section 3.9), and leadership of the execution of the BPA and any awarded TO.

It is required that the PM has the following qualifications:

a. Possess a Certified Public Accountant license by the appropriate state licensing authority and be in good standing with the Association of International Certified Professional Accountants, State Boards, and other applicable licensing authorities.

b. Possess a minimum of ten years of general auditing experience.

c. Possess a minimum of eight years of experience in asset valuations and/or auditing pension and/or health and welfare plans.

d. Possess three years of management experience.

e. Possess at minimum, a bachelor’s degree.

8.3 Other Key Personnel – Senior Audit Manager

It is required that the Senior Audit Manager have the following qualifications:

a. Be a Certified Public Accountant, licensed by the appropriate state licensing authority and be in good standing with the American Institute of Certified Public Accountants, State boards, and other applicable licensing authorities or certification as a Chartered Accountant.

b. Possess a minimum of eight years of general auditing experience.

c. Possess a minimum of four years of combined experience in asset valuations (e.g., financial securities auditing) and/or auditing defined benefit plan administration.

8.4 Other Key Personnel – Senior Valuation Specialist

It is required that the Senior Valuation Specialist have the following qualifications:

a. Possess a bachelor’s in finance or a related technical field.

b. Possess a minimum of five years of related industry experience in valuing complex securities and financial transactions or specializing in business valuations. An advanced degree or certification may be substituted for one year of experience.

8.5 NON-KEY STAFFING

The Contractor shall propose a plan for all BPA orders that describes a staffing plan, qualifications of staff in the staffing plan, and rationale explaining the labor skill mix they are proposing.

The Contractor shall be responsible for providing staff for performing the work ordered under any subsequent task orders who are fully qualified, trained, experienced, competent to perform its assigned work, and physically able to perform the work required.

The Contractor shall continuously monitor, manage, and control its staffing plan. The

Contractor shall make its best efforts to retain staff members who have gained experience on this BPA, and to minimize staff turnover. The Contractor shall ensure that all personnel who perform under this task order meet the security requirements.

The Government reserves the right to review the qualifications of all staff selected to work on BPA and any subsequent task order awarded against this BPA to ensure contract compliance. The Contractor shall submit resumes for any individuals being added to the

BPA staff or replacing a member of the BPA staff. These individuals must be fully qualified for the relevant position. Resumes shall be pre-screened by the Contractor prior to submitting them for Government approval. Each resume shall include sufficient detail to demonstrate the qualifications are adequate for the category in which the candidate is offered to perform.

The Contractor shall attend any briefings, other meetings, and training regarding PBGC unique processes provided by the Government. Briefings are normally held during normal working hours. Any of the Contractor personnel may be asked to keep meting minutes and provide written transcript after the meeting.

Through coordination and oversight by the Contracting Officer, the Government reserves the right to require the Contractor to reassign from BPA and/or any subsequent task order any Contractor employee whom the Department determines is incompetent, careless, unsuitable or otherwise objectionable, or whose continued employment under the order is deemed contrary to the best interests of the Department. The Contractor shall remove said employee from performance of the BPA and/or task order within ten working days of receiving the Government’s request from the ACO that the employee’s performance is unsatisfactory. The Government request for such a reassignment will also be provided to the

Contracting Officer’s Representative (COR).

In cases of Contractor-initiated reassignment of any personnel, written notice shall be provided to the COR at least 30 days prior to reassignment; such reassignment must also allow sufficient time for any Contractor-provided training of replacement personnel. This notice will include the resume(s) and security clearance status (if any) of the proposed replacement personnel and are subject to the prior written approval of the COR.

8.6 Non-Key Staffing Qualifications

The Office expects all proposed non-key contractor personnel to comply with PBGC’s on-boarding procedures and processes. This may include passing a background check, complying with applicable legal requirements and obtaining a security clearance.

The Office is seeking contractor support personnel who have knowledge and experience processing terminated defined benefit plans insured by the PBGC.

• At a minimum, the contractor’s personnel should have at least one to three years of relevant experience.

• The contractor should expect to have an experience mix that can handle the tasks assigned.

8.7 Contractor Management Responsibility

The Contractor shall appoint a PM supervisor/manager who is the contractor’s authorized representative for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all contractor/government communications, work, and technical direction shall flow. The supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COR may issue within the terms and conditions of the contract. All administrative support of contractor technical personnel required to fulfill the tasks assigned under this

BPA shall be the responsibility of the contractor.

The level of effort (for LH orders only), specified within each individual BPA order, for everyone listed above, may not be decreased without the prior written approval of the Contracting Officer.

The personnel specified in this clause of this BPA are essential to the work the

Contractor agrees to perform hereunder. Prior to diverting any of the specified individuals to other programs, or replacing any of them for any reason, the

Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification, including proposed substitutions or replacements, in sufficient detail to permit the Contracting Officer to evaluate the impact on the work the Contractor is obligated to perform hereunder. The Contractor shall not replace any of the key personnel hereinafter named to work on this BPA without the written consent of the Contracting Officer. The list of key personnel set forth above may be amended from time to time during the BPA to add or delete personnel, “as appropriate."

8.8 Hours of Operation

To ensure coverage of required responsibilities and to ensure that support personnel are working during OP work hours, the following details the hours of operation for this BPA. Exceptions to these hours can be made when the benefit to the Government dictate but must be made in writing. The hours of operation to be performed include, but are not limited to:

Core Start and End Times. The earliest start times shall be at 6:00 AM Eastern

Time (ET) and the earliest end time shall be at 3:00 PM Eastern Time.

Change in Work Hours. One two-week period advance request (in writing) shall be submitted to the COR from the Program Manager to identify modifications in staff work hours.

8.9 Observance of Legal Holidays/Federal Non-Workdays.

The Contractor shall establish a standard holiday schedule that exactly coincides with the Government's schedule for employees working on the

Government’s site. Holidays observed are listed below. Holidays and other non-workdays are not billable unless work is requested by the Government and performed on these days. PBGC observes the federal holidays as found and updated currently on the OPM website: https://www.opm.gov/policy-data- oversight/pay-leave/federal-holidays/ :

(1) New Year's Day;

(2) Martin Luther King's Birthday;

(3) President’s Day;

(4) Memorial Day;

(5) Independence Day;

(6) Labor Day;

(7) Columbus Day;

(8) Veteran's Day;

(9) Thanksgiving Day;

(10) Christmas Day; and

(11) Inauguration Day (every fourth year) for those employees working in the Washington DC metro area

(12) Juneteenth

No work shall be performed by Contractor personnel on Government facilities on Federal Holidays or other non-workdays without prior written approval of the COR. Work performed on holidays, weekends or other non-workdays shall be billable at regular approved rates.

There are certain types of irregularly occurring circumstances that prompt the

Government to close its offices where BPA/task order personnel are working, either on a national or local basis (i.e., bomb threats, inclement weather, power outages, death of http://www.opm.gov/policy-data-http://www.opm.gov/policy-data-http://www.opm.gov/policy-data-http://www.opm.gov/policy-data-a national figure, or funding lapses). Staff shall not work if the Government is closed, unless otherwise authorized by the Government. Non-work due to the Government closing its facility is not an expense directly reimbursable. However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written acknowledgment of the COR and final approval of the CO.

8.10 Section 508 Compliance

In performance of all the services described in Section B, Scope of

Work, the Contractor shall ensure that Section 508 compliance is considered and applied, as applicable, to any electronic and IT project where the maintenance, repair, and/or upgrade to the equipment and/or software may affect/change the system/machine design or the operator interface. Identified Section 508 Accessibility Standards that apply to this include but are not limited to 1194.21 Software Applications and

Operating Systems; 1194.22 Web-based Intranet and Internet

Information and Applications; 1194.31 Functional performance criteria; and 1194.41 Information, documentation, and support.

8.11 Continuing BPA Performance during a Pandemic Influenza or Other

National Emergency

(a) During a Pandemic or other emergency PBGC understands that the contractor’s BPA/task order workforce may experience the same high levels of absenteeism as PBGC’s federal employees. Although the Excusable Delays and

Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in BPA/task order performance, PBGC expect contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

(b) The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to

PBGC’s BPA/task order workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

(c) The types of actions a federal contractor should reasonably take to help ensure performance are:

(1) Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

(2) Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

(3) Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

(4) Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

(5) Establish communication processes to notify employees of activation of this plan.

(6) Integrate pandemic health crisis response expectations into telework agreements.

(7) With the employee, assess requirements for working at home

(supplies and equipment needed for an extended telework period). Security concerns shall be considered in making equipment choices; agencies or contractors may wish to avoid use of employees’ personal computers and provide them with PCs or laptops as appropriate.

(8) Determine how all employees who may telework communicates with one another and with management to accomplish work.

(9) Practice telework regularly to ensure effectiveness.

(10) Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

(11) Identify how time and attendance is maintained.

(d) It is the contractor’s responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor’s notification. The contractor is responsible for assisting the Agency in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

(e) The Agency does reserve the right in such emergency situations to use federal employees, employees of other agencies, contract support from other existing contractors, or to enter new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Procurement Policy issuance “Emergency Acquisitions”, May 2007 and Subpart

18.2, Emergency Acquisition Flexibilities, of the Federal

Acquisition Regulations.

9 Document Management

Upon request, all working documents in either electronic or printed form shall be provided to the COR at the time of applicable task order completion or termination. After the completion or termination of the

BPA/ and/or task order(s), the Contractor shall archive material relating to project management records such as accounting and billing reports, and time sheets. The Contractor may archive other project documents and materials, including the deliverables. However, these documents shall not be disclosed to other parties or be used for any other purpose without the written permission of the COR.

The Contractor shall be responsible for protecting all project documents (including archived documents and materials), either in electronic or printed form, consistent with the overall sensitivity of the respective content. To this end, the Contractor shall present a plan to protect Sensitive But Unclassified (SBU) information collected in the course of its contractual efforts.

10 Estimated Volume of Purchases

The Government estimates, but does not guarantee, that the volume of purchases issued under this BPA will be $5 million over the term of the BPA. This is not a maximum ceiling amount; it is strictly an estimate and may be exceeded at the discretion of the Government on a unilateral basis. There is no minimum guaranteed amount, quantity or initial order quantity.

11 Extent of Obligation

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized purchases made under the BPA. Funds will be obligated via the award of individual task orders.

12. Term of the BPA

The term of the BPA will include a base period and four ordering periods as shown in the table below. The Base Period delineated below may be adjusted to reflect the actual BPA award date. The term of the BPA may be extended up to the limit of achieving the estimated obligation amount of $5 million for the life of the BPA. If an extension will be considered the contractor will be notified no less than 30 calendar days in advance.

Base Period To be filled out at time of award

Ordering Period One To be filled out at time of award

OrderingPeriod Two To be filled out at time of award

OrderingPeriod Three To be filled out at time of award

Ordering Period Four To be filled out at time of award

Period of Performance

This BPA may be extended, at the unilateral option of the Government, upon the same terms and conditions stated herein for a period of one year or fractions thereof. To exercise the option to extend the term of the BPA, the Contracting Officer will issue a written modification prior to the expiration of the applicable ordering period. The Government will endeavor to provide a preliminary written notice of its intent to exercise the ordering period; however, the lack of such a written notice will not in any way lessen the Government’s unilateral right to extend the BPA pursuant to this clause. If such a preliminary notice is provided, it shall not be construed as an exercise of the ordering period nor will it bind the Government to exercise the ordering period. Any phase in/phase out periods are not considered to be part of the total

BPA term.

13. BPA TASK ORDERING PROCEDURES

Work to be performed under the terms of this BPA will be awarded through the issuance of BPA Task Orders placed in response to individual BPA requests for proposals. Pricing for the BPA orders will be based on an agreed upon labor mix and level of effort using fully burdened labor rates in the BPA. PBGC will issue separate SOW/PWS

(task description) and request a Level of Effort (LOE) or a high- level approach response to the RFP. The LOE shall include the information specified below:

a. A task management statement.

b. The proposed labor category, labor rates, estimated hours (only for LH type orders) and price (which may be discounted from the BPA rates).

c. The period of performance and schedule of deliverables.

d. A description consisting of clearly defined task objectives, scope, methodology, resource requirements, and milestones.

Only PBGC Contracting Officers are authorized to place calls against this

BPA.

a) The following offices are hereby authorized to place orders under this

BPA:

The Procurement Department, Contracting Officers

b) The BPA’s period of performance is also the BPA’s ordering period.

All BPA orders are allowed to have a period of performance that extends beyond the BPA’s ordering period if the BPA order was issued prior to the expiration of the BPA’s ordering period.

14. BPA ADMINISTRATION

14.1 Contracting Officer

(a) The Contracting Officer (CO) has the overall responsibility for the administration of this BPA. He/she alone, without delegation, is authorized to take actions on behalf of the

Department to amend, modify or deviate from the BPA terms, conditions, requirements, specifications, details and delivery schedules.

(b) However, the CO may delegate certain other responsibilities to his/her authorized representatives. This BPA will be administered by:

Will be provided upon award.

14.2 Contracting Officer's Representative (COR)

(a) Upon award, a Contracting Officer's Representative (COR) will be designated to manage the technical aspects of the BPA.

All task orders and modifications to task orders must be approved by the COR prior to issuance by the Contracting

Officer. The COR for this BPA is:

Will be provided upon award.

(a) The COR has the responsibility to inspect all deliverables/work performed and authorization to certify

(but not to reject or deny) invoices for payment in accordance with Section 16. The COR will also be responsible for the day-to-day management of the task order.

The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting

Officer.

(b) The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this BPA and task orders issued shall not be construed to authorize the revision of the terms and conditions of this BPA r the task orders. Any such revision shall be authorized in writing by the Contracting

Officer.

14.3 Contractor Representative for BPA Administration

(a) The Contractor's representative to be contacted for all administration matters: To be filled out by the

Contractor

The Contractor's representative shall be responsible for all BPA and task order administration issues and shall act as the central point of contact with the Government for all such issues. The representative shall have full authority to act for the Contractor in all contractual matters. The representative shall be able to fluently read, write, and speak the English language.

15. INVOICING

The contractor shall submit Requests for Payments in accordance with PBGC 52.232-7009, Submission of Electronic Invoicing Using Invoice Processing Platform (IPP) for Time and

Material, Labor-Hours. Full text of this clause is reflected below:

PBGC 52.232-7009 SUBMISSION OF ELECTRONIC INVOICING USING INVOICE

PROCESSING PLATFORM (IPP) FOR TIME AND MATERIAL, LABOR-HOURS,

AND FIXED PRICE (FEB 2023)

(a) The contractor shall submit invoices for supplies and/or services provided under this contract using the Government's Invoice Processing Platform (IPP) web-based service application. The

IPP application is available at www.ipp.gov. This website includes general IPP instructions and training materials. Questions about the IPP application should be directed to the IPP Customer

Support team at the e-mail address or phone number shown on the IPP website under the

"Contacts" tab.

(b) Inquiries concerning IPP enrollment or PBGCs specific processing requirements within IPP should be directed to PBGCs General Accounting Branch (GAB) by e-mail at invoicemanager@pbgc.gov or by phone at (202)229-4062.

(c) To constitute a proper invoice, the invoice must include the information listed below

(1) Name and address of the contractor

(2) Invoice date and number

(3) Contract number, line item number, and, if applicable, the order number

(4) Description, quantity, unit of measure, unit price, and extended price of services performed and any supplies delivered, including: (i) The labor hours by labor category billed, the hourly rate for each labor category billed, and the total dollars billed by labor category for the billing period (meal periods and other labor-hours not directly supporting the contract are not billable)

(not…